Recent Wins

Overcoming insider objections about valuation, GMSR obtains affirmance in Ninth Circuit appeal from confirmation of a Chapter 11 reorganization plan

In re Meruelo Maddux Properties, Inc. (2016) 2016 U.S. App. LEXIS 2514 (United States Court of Appeals for the Ninth Circuit) [unpublished]. After the U.S. District Court affirmed the U.S. Bankruptcy Court’s confirmation of a Chapter 11 reorganization plan, a majority block of the debtor-in-possession’s insider equity shareholders appealed to the Ninth Circuit. As they did in the District Court, the insiders argued that the bankruptcy court did not undertake a proper valuation of the company and that they were therefore entitled to greater payment for their stock that the reorganized company acquired. The reorganized company retained GMSR to defend the bankruptcy court’s ruling on both appeals. Working jointly with counsel for the confirmed plan’s sponsors, GMSR again obtained an affirmance of the confirmation order.

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